Judge Ordered Clerk to Restore His Suspended License – ACJC

The Advisory Committee on Judicial Conduct (ACJC) has issued a presentment charging former municipal court judge Gerald Gordon (New Brunswick Municipal Court) with a variety of violations of the Code of Judicial Conduct. The ACJC has recommended that the Supreme Court impose a reprimand, although the committee noted that had the respondent judge still been on the bench, it would have sought significantly more severe discipline.

Among the violations the ACJC found to have been proved involved:
1) exhibiting impermissible bias by equating illegal immigrants in New Brunswick with terrorists,
2) throwing an indigent defendant into jail on a trumped-up charge of contempt of court related to non-payment of a fine;
3) depriving the same defendant of his constitutional rights to notice, a hearing and counsel;
4) fining a second defendant on a trumped up contempt of court charge when no contempt had occurred;
5) violating an Administrative Directive prohibiting such judicial actions; and
6) ordering a member of his court staff to fax a notice to the Motor Vehicle Commission to restore his driving privileges after they had been suspended (by his own court) for failing to resolve a parking ticket pending in his own court.

The respondent will have an opportunity to contest the ACJC’s factual findings and recommended quantum of discipline on a de novo basis before the Supreme Court.

Download a copy of the presentment in In re Gordon.

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